Our government filed its Response in the Court of Federal Claims today explaining to Judge Sweeney why is should not be required to pay the legal fees Fairholme incurred to obtain access to the dozens of sample documents the Federal Circuit says the government improperly withheld. A copy of the overnment’s filing is attached to this e-mail message. Because the government has now turned over the dozens of documents the Federal Circuit says should have been turned over earlier, the government says that should obviate the need to reimburse any of Fairholme’s legal fees. And, besides, the government says, more time talking about how to apportion costs will only multiply them, and that would be a waste of collective resources. Our government urges Judge Sweeney to brush this trivial matter aside13-465-0356
